In re Davis

EAST, District Judge.

This matter came on for hearing upon the petition of John M. Lee for review of the Referee’s order of July 21, 1961. Referee Folger Johnson, Jr., found and ordered in his above mentioned order: That the mortgage held and owned by the petitioner on. a fluctuating stock of goods held by the mortgagor bankrupt for sale to the public is void as against the mortgagor bankrupt’s trustee in bankruptcy where the mortgaged property had not come into possession of the mortgagee Lee before bankruptcy adjudication, even though the mortgage was not void ab initio between mortgagor and…